OWNERS AND COLLECTORS OF INFORMATION
Management Whole Health, LTD
PO Box 6516
Wellington, New Zealand 6141
The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. All information on the Sites is copyrighted by Management Whole Health, LTD. Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, obscure, obliterate, or copy for distribution or sale any proprietary notices, information, material, trademark, or copyright on the Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites. By using the Sites, you agree to abide by all copyright notices or other posted restrictions.
Management Whole Health, LTD, www.drsamshay.co.nz, and all other Sites and all logos, page headers, code, custom graphics and icons are trademarks and/or service marks owned by Management Whole Health, LTD. The collective work includes works that are licensed to Management Whole Health, LTD. Copyright 2014. Management Whole Health, LTD. ALL RIGHTS RESERVED. All other trademarks, product names, and company names and logos appearing on our Websites are the property of their respective owners.
The past, present and future Web Site content, including, but not limited to, materials, logos, copy, graphics, text, logos, images, audio, video, source code, domain names, trade names, service marks, and any and all copywritable material are the property of Management Whole Health, LTD. or its licensors and are protected by New Zealand and international copyright, trademark and/or other intellectual property rights laws.
This website is restricted to individuals age 13 and older. If you use any product or service, you are using them on your own behalf and you do not represent any other individual, company, organization or government group.
This Agreement does not transfer from Management Whole Health, LTD. to you any Management Whole Health, LTD. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Management Whole Health, LTD.. Management Whole Health, LTD., www.TenPointWellness, the “Ten Point Wellness” logo, and all other trademarks, service marks, graphics and logos used in connection with www.drsamshay.co.nz, or the Website are trademarks or registered trademarks of Management Whole Health, LTD., Samuel Shay, or Management Whole Health, LTD.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Management Whole Health, LTD. or third-party trademarks. You hereby grant Management Whole Health, LTD. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Management Whole Health, LTD. services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Management Whole Health, LTD. or the promotion thereof.
Certain e-products may be offered for sale on our Web Site. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by our Websites or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide our Web Site or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the TERMS and conditions of any agreement that you may enter into governing your purchase of the e-product. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some services offered by Web Site are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. We agree that we will notify you when, and if, we decide to terminate your account.
Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. Our merchant account will attempt to charge your card a maximum of 3 times. After the 3rd attempt, we will email you for a new credit card number. If you do not provide a new number, we reserve the right to disable your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
In the event you elect to terminate your subscription you can Contact Us
Terminations are not retroactive. If you terminate your membership after your membership period has begun, you may be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any subscription account, you hereby agree that we may charge these unpaid fees to your credit card.
NOTICE TO NEW ZEALAND RESIDENTS
If you are in New Zealand at the time of purchase, and/or your means of Payment is lodged in New Zealand, including but not limited to your country of registration of Paypal is in New Zealand, you agree to pay an additional 15% Goods and Services Tax (known as GST) on products and services if Management Whole Health, LTD is the seller of the product. You agree not to attempt to circumvent, avoid, disrupt, reduce, bypass, or prevent the mandatory 15% additional Goods and Services in any way. You agree are 100% responsible for all damages, fines, fees, interest accrued, legal bills, time lost, emotional damages, and any other associated cost to Management Whole Health, LTD, Samuel Shay, and/or www.drsamshay.co.nz for completing a Full and Final resolution with the Inland Revenue Department for any unpaid GST in association directly or indirectly from your failure to pay the %15 GST tax from purchases from the Web Site. For more information on GST of digital goods, go to http://www.ird.govt.nz/ecommerce-tax/ecommerce-gst/business-australian-ecommerce-gst.html.
Note: Purchases of products that are through other websites not based in New Zealand (e.g. Amazon, Itunes store, etc.) do not incur a 15% GST tax as the entity supplying the goods and services (e.g. Amazon, Itunes store, etc.) is outside New Zealand.
Additional note: Management Whole Health, LTD may license its products for sale to other entities. If those entities are not based within New Zealand, (e.g. in the USA) then those sales are not liable for a 15% GST tax.
Any conduct by you on our Web Site that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Websites will not be permitted. You agree to use our Web Site only for lawful purposes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Websites, use of our Web Site, or access to our Web Site. You agree not to access our Web Site by any means other than through the interface provided by us for use in accessing our Web Site. You understand that the robots.txt file is the only means by which robots are authorized to access our Websites. You agree not to violate any of the robot access policies.
You agree to not reproduce and/or use the information on our Web Site without permission.
Any threat or suggestion to commit suicide will be reported to the proper authorities and the posting will be removed from the Community boards. If you are in need of someone to talk with in the USA, call the National Crisis/Suicide Hotline at 1-(800)999-9999. If you are in immediate danger, call 911. If you are in New Zealand, contact Lifeline at 0800 543 354 or if you are in immediate danger, call 111.
To keep you informed about our latest news, blogs, guest posts, offers, recipes, developments, or new additions to www.drsamshay.co.nz, we may notify you via email. You may unsubscribe from our mailing list by following the unsubscribe instructions of any email you receive from us. You will only receive emails from us if you elected to do so. We do not share, sell or trade email address.
Notice about testimonials or emails from readers: testimonials and emails from readers are all true, reflect the opinions and experiences of real users of Management Whole Health, LTD and www.drsamshay.co.nz services and products, and are submitted to Management Whole Health, LTD voluntarily by customers.
If you would like to submit a testimonial or email to Management Whole Health, LTD. you agree that it becomes the exclusive property of Management Whole Health, LTD. which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name, picture, likeness, or initials and city/state/country of residence. Some customers that have submitted testimonials may have received a Management Whole Health, LTD. service as a “thank you” in appreciation for the time they invested to write or record their testimonials.
EVENTS, INFORMATION, AND SPEAKER CHANGE
The events, information, and speakers listed on our Sites are subject to change without notification.
We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders, including your comments that you submit on the blog on the Site or through the contact mechanism on the Site, including a Facebook comment widget. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. We generally do not encourage the submission of any personal information in these comments or through the contact mechanism other than what we expressly require (e.g., name and email address). Information you disclose in the comments or any forum becomes public information and you should exercise caution when deciding to disclose our information in a submission. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not use Sites to solicit others to join or become members of any other commercial online service or commercial offline service or to join another organization. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
RESPONSIBILITY OF CONTRIBUTORS.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Management Whole Health, LTD. or otherwise.
Without limiting any of those representations or warranties, Management Whole Health, LTD. has the right (though not the obligation) to, in Management Whole Health, LTD.’s sole discretion (i) refuse or remove any content that, in Management Whole Health, LTD.’s reasonable opinion, violates any Management Whole Health, LTD.’s policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Management Whole Health, LTD.’s sole discretion.
Management Whole Health, LTD. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Management Whole Health, LTD. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Management Whole Health, LTD. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Management Whole Health, LTD. in its sole discretion.
The information, services, products, claims, seminar topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in TERMS of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence or wrong conduct, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events.
You agree that Management Whole Health, LTD, its directors, officers, employees or other representatives shall not be liable for damages arising from the information and content viewed and obtained via Samuel Shay, www.TenPointWellnes.com, and Management Whole Health, LTD. You agree that this limitation of liability is comprehensive and applies to personal injuries and all damages of any kind (including but not limited to economic loss, injury, illness or death), including without limitation direct, indirect, incidental, general, exemplary, special, punitive, compensatory and consequential damages.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
NO PROFESSIONAL ADVICE
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. You agree that neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, general, punitive, compensatory, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You agree this limitation of liability is comprehensive. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this Site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please dial 911 or call for emergency medical help on the nearest telephone. If you are in New Zealand and experiencing a medical emergency, please dial 111 or call for emergency medical help on the nearest telephone. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
The information and content on www.TenPointWellness or provided by email or other means or information transmission (including but not limited to video, audio, transcripts, text messages, instant messages, posting on any social media site), is not intended to replace an individual relationship with a qualified health care professional and is not intended as medical advice. Samuel Shay and Management Whole Health, LTD encourage you to continue visiting with and being treated by your primary care physician or health care provider. Only a licensed Medical Professional can diagnose certain ailments and prescribe certain treatments and medications for you, including reducing, changing, or stopping medications. Do not ignore or delay seeking medical advice or treatment because of any information obtained from www.drsamshay.co.nz, Samuel Shay, or Management Whole Health, LTD. Consult your own Medical Professional regarding nutritional supplements to evaluate if the supplements could adversely affect or react with any medications or pre-existing conditions. Stop any food or supplement immediately if you have any type of adverse reaction. Samuel Shay, www.TenPointWellnes.com, and Management Whole Health, LTD are not acting in the capacity of a medical physician, psychologist, or licensed dietician. Samuel Shay, www.drsamshay.co.nz, and Management Whole Health, LTD will not diagnose, treat, or cure in any manner, any disease, condition, or other physical or mental human ailment. By entering your email address you are also requesting and agreeing to subscribe to TenPointWellness e-newsletter, to which the above disclaimer also applies.
Samuel Shay, www.drsamshay.co.nz, and Management Whole Health, LTD expressly disclaims any responsibility for any damages caused by a user’s reliance on any information contained or obtained via Samuel Shay, www.drsamshay.co.nz, and/or Management Whole Health, LTD websites, emails, videos, audios, or any other means of communication, information, or data transfer. Samuel Shay, www.drsamshay.co.nz, and Management Whole Health, LTD expressly disclaims all warranties, expressed or implied, or any kind with respect to the website(s), its emails, videos, audios and other means of communication, including but not limited to merchantability and fitness for a particular purpose. www.drsamshay.co.nz, Samuel Shay, and Management Whole Health, LTD expressly disclaims all warranties, expressed or implied, or any kind with respect to the information and content included to the website(s), its emails, videos, audios and other means of communication.
DESCRIPTION OF WEB SITE SERVICES
The Site is available to individuals seeking information concerning Samuel Shay, Management Whole Health, LTD, and its business operations. Nothing on the Site is, or should be construed as, a recommendation for a specific treatment regime or a substitute for the advice of a healthcare professional.
When addressing financial matters in any of our Sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your life or grow your business. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes” on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.
You assume Samuel Shay, Management Whole Health, LTD., and www.drsamshay.co.nz and other associated Sites have a financial or similar relationship with all products, services, and recommendations implied or expressed. Please read the FTC Disclosure listed here.
In the event that a Management Whole Health, LTD. product is mistakenly listed at an incorrect price, Management Whole Health, LTD. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Management Whole Health, LTD. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Management Whole Health, LTD. shall issue a credit to your credit card account in the amount of the incorrect price.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
EXPLICIT LANGUAGE AND MATURE CONTENT
On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Users who are uncomfortable with such topics or language should not use our Sites.
CONFIDENTIALITY AND NON-COMPETE
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these TERMS are violated in order to protect its rights.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in New Zealand. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
OUTSIDE SITES (Their Privacy Policies May Be Different)
HOW AND WHY WE COLLECT INFORMATION
We collect your information in order to record and support your participation in the activities you select. If you register for a seminar, for example, the information is used to reserve your seat, to track your preferences, and to keep you informed about the seminar and related events. As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing registering for a seminar or participating in a sweepstakes, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP/Post code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you supply us with your contact information you may receive periodic e-mails, mailings or calls from us with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at Contact Us. You can also write us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information (including but not limited to name of the domain and host from which you access the internet, the internet address of the Site from which you enter the Site, the pages you visit on the Site, and the amount of time you spend on the Site) from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us our our technology services provider by using “cookies” during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages). Web beacons are small bits of code embedded in Web pages or in emails. Web beacons may be used to deliver or communicate with cookies, to count users who have visited a Web page and to understand usage patterns. Web beacons also may be included in emails to learn if messages have been opened, acted on or forwarded. You can disable the ability of Web beacons to capture information in this manner by blocking cookies as described above under “Cookies.”
SOCIAL MEDIA WIDGETS
JURISDICTION AND VENUE
You agree to indemnify, defend, and hold harmless Management Whole Health, LTD., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these TERMS and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Management Whole Health, LTD. may deliver notice to you by means of email, a general notice on the site, or by other reliable methods to address you that you have provided to Management Whole Health, LTD.
These terms of service were last updated on January 24, 2015
Digital Products Refund Policy
Since www.drsamshay.co.nz offers non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product download link is sent. As a customer you are responsible for understanding this upon purchasing any item at our site.
However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.
Therefore, we DO honor requests for the refund on the following reasons:
Specific terms stated on a specific digital product: Some digital products may explicitly state a full or partial refund is based on a satisfaction guarantee.
Non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted within 7 days from the order placing date. Otherwise the product will be considered received and downloaded;
download and unzipping issues: it may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted within 7 days. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason;
Major defects: although all the products are thoroughly tested before release, unexpected errors may occur. You should contact us for such issues. We keep the right to rectify the error or defect within 72 hours. If any deficiency is approved and we fail to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a Customer, the refund will be issued to the customer in full without any compensations or reimbursements. OR, at customer’s choice, replacement of the product of the same or around the same value can be offered; Please be advised that temporary access to your webhost/server can be requested by our technicians in order to identify and fix the possible issues with our products. Failure to provide such access in a timely manner may result in a delayed resolution of the issue. Refusal to provide access to your sever will result in your inability to qualify for a refund.
Product not-as-described: such issues should be reported within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.
Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the sales page of each product. We don’t guarantee that our products are fully compatible with any third-party programs (including web host) and we do not provide support for third-party applications.
The Full Monty
Please note this disclosure is taken from http://fourhourworkweek.com/ftc-disclosure-blog/. The tone is similar to Tim Ferriss’ style. It’s not exactly my style, but it conveys the point across very well.
Beginning December 1, 2009, the FTC requires bloggers to disclose whenever there could be hidden interests or unspoken biases related to recommendations. So here goes…
Per the FTC rules, if I interview someone and they grab the bill for lunch, I would need to disclose this. Ditto if I use an Amazon link that gets me 8 cents instead of an Amazon link that gets me 0 cents. If someone gives me a comfy t-shirt with a logo and I wear it in a photo, same deal. Disclaimers all over the place. This would be tedious for me and even more tedious for readers. But rules is rules. To cover my ass and preserve your reading experience, please assume that, for every link and product I use, the following all hold true:
Please feel free to use the text and images on this page with proper attribution. There is no reason why each blogger should have to reinvent the wheel.
The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is:
Upon receipt of proper notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.
COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS
The following elements must be included in your copyright infringement claim:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing or the DCMA notification.
NOTICE AND TAKEDOWN PROCEDURE
ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.